There was a practical solution enabling her to inherit, but Larissa Sabin made the point that while pakeha-inspired adoption law deemed her to be no longer the biological daughter of her Maori father there were still blood links recognised by Maori culture.
Larissa’s biological father died in 2019. He left no will. Under rules governing intestacies the living relatives entitled to inherit were his seven siblings. His biological daughter Larissa could not inherit; her earlier adoption under the Adoption Act deemed her to be the daughter of her adoptive parents, not her biological father. Larissa had kept in close contact with her biological father, taking the view she had two fathers.
The High Court was told the seven siblings entitled to inherit all agreed they did not want to share in the estate; it should all go to Larissa. Any one of the seven siblings could have applied to the High Court for authority to administer the estate, arranging for all siblings to collectively gift the entire estate to Larissa. Instead, Larissa applied to become administrator. Special approval was needed; at law she was not a blood relative entitled to inherit. If her adoption had been an informal whangai adoption, she would at law still be the daughter of her biological father.
Justice Cull ruled the special circumstances justified Larissa’s appointment as administrator. The value of her biological father’s estate was not disclosed.
Re Estate Tasman William John Berghan – High Court (19.06.20)
20.108